An Act to create 59.69 (16), 60.61 (3o), 62.23 (7) (j), 710.18 (8) and 710.26 of the statutes; Relating to: local and private regulation of accessory dwelling units. (FE)
Summary
AB365 would require Wisconsin local governments with zoning ordinances to allow at least one accessory dwelling unit (ADU) as a permitted use on parcels where single-family or multi-family residential use is already allowed by right. The bill defines an ADU as a residential unit on the same parcel as an existing dwelling, and it may be attached, detached, or within the primary home. For single-family parcels, local ordinances could cap the ADU at 75% of the square footage of the existing home, but otherwise the bill broadly limits local regulation of ADUs.
The bill also bars cities, towns, and counties from imposing extra fees beyond standard building permit fees, special design or locational standards that do not apply to single-family homes, additional parking requirements, or separate utility connection requirements. In addition to local zoning changes, AB365 would invalidate deed restrictions, covenants, and homeowners association rules that prohibit or unreasonably restrict ADUs, except where restrictions are necessary to protect public health and safety. The bill applies these limits retroactively to existing HOA rules and deed restrictions.
Impact
AB365 would significantly preempt local land-use authority by creating statewide minimum ADU access rules in the statutes governing counties, towns, and cities. It would also alter private property restrictions by making certain deed covenants and HOA regulations void and unenforceable when they block ADUs. The practical effect would be to expand where ADUs can be built, reduce local and private barriers to their construction, and potentially affect housing supply, development costs, and neighborhood-level zoning enforcement.
Sentiment
The available record shows no committee transcript or recorded votes, so there is no detailed public debate captured in the provided materials. The bill’s framing suggests a pro-housing, pro-density policy approach aimed at making ADUs easier to build statewide. Its introduction and referral indicate it was treated as a housing and real estate policy measure, but it ultimately failed to pass pursuant to Senate Joint Resolution 1.
Contention
The main points of contention are likely to be local control versus statewide housing policy, and private property/association autonomy versus individual homeowners’ ability to add ADUs. Local governments may object to the bill’s limits on zoning standards, fees, parking rules, and utility requirements because those tools are commonly used to manage neighborhood impacts. Homeowners associations and property owners favoring restrictive covenants may also object to the bill’s retroactive invalidation of deed restrictions, while supporters would argue that those restrictions are an unnecessary barrier to housing availability and affordability.
Crossfiled
An Act to create 59.69 (16), 60.61 (3o), 62.23 (7) (j), 710.18 (8) and 710.26 of the statutes; Relating to: local and private regulation of accessory dwelling units. (FE)